§ 1642b. Claims against United States; jurisdiction; limitation; preference; reserve fund

Statutory text

No judicial relief or remedy shall be available to any person asserting a claim against the United States or any officer or agent thereof with respect to any action taken under this subchapter, or any other claim for or on account of the property or proceeds described in section 1642a of this title, or for any other action taken with respect thereto except to the extent that the action complained of constitutes a taking of private property without just compensation, and to such extent the sole judicial relief and remedy available shall be an action brought against the United States in the United States Court of Federal Claims which action must be brought within one year of August 8, 1958, or it shall be forever barred; and any action so brought shall receive a preference over all actions which themselves are not given preference by statute. No other court shall have original jurisdiction to consider any such claim by mandamus or otherwise. If any action is brought pursuant to this section the Secretary of the Treasury shall set aside an appropriate reserve in the account containing the moneys held pursuant to subsection (a) of section 1642a of this title. Such reserve shall be retained pending a final determination of all issues raised in the action and recovery in any such action shall be limited to and paid out of the moneys so reserved. After a final determination of all issues raised in the action and payment of any judgment against the United States entered pursuant thereto, any balance no longer required to be held in reserve shall be disposed of in accordance with the provisions of subsection (d) of section 1642a of this title. Nothing in this section shall be construed to create (1) any liability against the United States for any action taken pursuant to section 1642c of this title, (2) any liability against the United States in favor of the Government of Czechoslovakia, any agency or instrumentality thereof or any person who is an assignee or successor in interest thereto, or (3) any other liability against the United States.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1950
Pub. L. 85–604 § 1 · 72 Stat. 527
Enacted · 22 U.S.C. § 1642b
Mar. 10, 1950, ch. 54, title IV, § 403, as added Pub. L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 528
Source evidence
Code source credit
Mar. 10, 1950, ch. 54, title IV, § 403, as added Pub. L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 528
1982
Federal Courts Improvement Act of 1982
Pub. L. 97–164 title I § 161(3) · 96 Stat. 25
Substituted · 22 U.S.C. § 1642b
Pub. L. 97–164 substituted “Claims Court” for “Court of Claims”
Source evidence
Code amendment note
Pub. L. 97–164 substituted “Claims Court” for “Court of Claims”.
Enacted provision · exact public law section
(3) Section 403 of the International Claims Settlement Act of 1949 (22 U.S.C. 1642b).
1992
Court of Federal Claims Technical and Procedural Improvements Act of 1992
Pub. L. 102–572 title IX § 902(b)(1) · 106 Stat. 4506
Substituted · 22 U.S.C. § 1642b
Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”
Source evidence
Code amendment note
Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.
Enacted provision · exact public law section
(1) the “United States Claims Court” shall be deemed to refer to the “United States Court of Federal Claims”; and
Effective date note
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

2 of 3 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1982–1992 · 2 rounds

1992

Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.

1982

Pub. L. 97–164 substituted “Claims Court” for “Court of Claims”.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Credits

1950–1992 · 3 acts

1950Mar. 10, 1950, ch. 54, title IV, § 403, as added Pub. L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 528
1982amended Pub. L. 97–164, title I, § 161(3), Apr. 2, 1982, 96 Stat. 49
1992Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.

Show as published

(Mar. 10, 1950, ch. 54, title IV, § 403, as added Pub. L. 85–604, § 1, Aug. 8, 1958, 72 Stat. 528; amended Pub. L. 97–164, title I, § 161(3), Apr. 2, 1982, 96 Stat. 49; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)